Nepotism as an act of administrative improbity

Abstract

This article seeks to analyze the institution of nepotism, highlighting its concept, the controversies surrounding its origin, and presenting the classical forms of its manifestation in contemporary Brazilian society. It relies on the provisions of Binding Precedent No. 13 of the Federal Supreme Court, as well as on the new forms of nepotism identified in legal scholarship. Based on these initial considerations, the study aims to provide evidence of the illegality of this practice. This analysis is developed in the final section of the paper, where the violation of the constitutional principles governing Public Administration by nepotism is examined, leading to its classification as an act of administrative misconduct under Law No. 8,429/92.